Texas Senate Bill SB1866

Texas 2019 - 86th Regular

Caption

Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements.

Impact

The enactment of SB1866 would modify the liability landscape for contractors working for governmental entities in Texas. By defining the limits of a contractor's responsibility for defects in project specifications, the bill seeks to reduce the risk of lawsuits stemming from issues experienced by governmental projects. This change could encourage more contractors to engage in projects with governmental entities, knowing they will have certain protections against liability for errors they did not create, thus potentially leading to increased participation in state-funded infrastructure developments.

Summary

SB1866 is a legislative proposal aimed at clarifying the civil liability of contractors involved in the construction or repair of roads and highways. The bill introduces Chapter 473 to the Transportation Code, which outlines the responsibilities of contractors concerning defects in project specifications. It establishes that contractors shall not be held civilly liable for issues arising from inaccuracies or deficiencies in the specifications developed by governmental entities or their contractors. This legislation aims to create a clearer framework for accountability in public infrastructure projects and protect contractors from liability due to external factors outside their control.

Contention

There are potential points of contention surrounding SB1866, primarily regarding the balance of accountability between contractors and governmental bodies. Proponents argue that reducing contractor liability would foster a more robust construction industry, enabling companies to bid more competitively on public works projects. Conversely, critics may contend that the bill could result in insufficient oversight of governmental projects, allowing for systemic failures without proper recourse for the affected public. Such a shift in liability could raise concerns about the quality of construction and the standard of safety maintained for public infrastructures.